Court of Appeals of New York

Summary judgment for defendants in plaintiff's claim for personal injuries under Labor Law section 240(1) when he fell while cleaning a six foot high shelf on premises owned by defendants, is affirmed, where: 1) Labor Law section 240(1) imposes a non-delegable duty and absolute liability upon owners and contractors for failing to provide safety devices necessary for workers subjected to elevation-related risks in circumstances specified by the statute; and 2) the activity plaintiff was engaged in at the time of his fall, was not the type of "cleaning" covered by Labor Law section 240(1).

Appellate Information

• Decided 10/10/2013
• Published 10/10/2013

Judges

• GRAFFEO

Court

• Court of Appeals of New York

Counsel